Updated: Tuesday May 24, 2016/AthThulatha
Sha'ban 17, 1437/Mangalavara
Jyaistha 03, 1938, at 06:36:57 PM
The Organization of the Islamic Conference
(Immunities and Privileges) Act, 1977
Act No. XV of 1977
[5th May 1977]
An Act to give effect in
WHEREAS
AND WHEREAS it is necessary
to give effect in
It is hereby enacted as
follows:---
1. Short title, extent
and commencement.—(1)
This Act may be called the Organization of the Islamic Conference (Immunities
and Privileges) Act, 1977.
(2) It extends to the whole
of
(3) It shall come into
force at once.
2. Provisions of the
Agreement. Notwithstanding
anything contained in any other law for the time being in force, the provisions
of the Agreement on Immunities and Privileges of the Organization of the
Islamic Conference set out in the Schedule shall, subject to the other
provisions of this Act, have the force of law in
3. Certificate of the
Federal Government. If
any question arises whether or not any person is entitled to any privileges or
immunities under this Act, a certificate issued by or under the authority of
the Federal Government stating any fact relating to that question shall be
conclusive evidence of that fact.
4. Power to amend the
Schedule. The
Federal Government may, by notification in the official Gazette, amend the
Schedule in conformity with any amendment duly made in the provisions of the
said Agreement set out therein.
5. [Repeal.] Omitted by the Federal
Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch.,
II.
THE SCHEDULE
(See section 2)
Whereas Article VI (8) of
the Charter of the Organization of the Islamic Conference provides:---
“In the light of the agreement on
immunities and privileges to be approved by the conference,---
(a) The Conference shall enjoy, in the
(b) Representatives of member states shall enjoy such immunities and
privileges as may be necessary for the exercise of their functions related to
the Conference.
(c) The staff of the Conference shall enjoy the immunities and
privileges necessary for the performance of their duties as decided upon by the
conference”.
So, it is required to
clarify in detail the varieties of immunities and privileges indicated in the
Chapter, and to specify its scope and cases in which it is applied, in order to
facilitate the functions of the Organization of Islamic Conference.
Consequently, the Seventh
Islamic Conference of Foreign Ministers held in Istanbul, Republic of Turkey,
on 12—15 May, 1976 (13—16 Jamad Al Awal 1396 H) has approved the Convention
placed below.
CHAPTER I
JURIDICAL PERSONALITY
Article 1.—The
Organization of the Islamic Conference shall possess juridical personality. It
shall have the capacity:---
(a) To acquire and/dispose of immovable and
movable property.
(b) To contract.
(c) To institute legal proceedings.
CHAPTER II
PROPERTY, FUNDS AND ASSETS
Article 2.—The Organization of the Islamic
Conference, its property and assets, wherever located shall enjoy immunity from
every form of legal process unless the Secretary General decides to waive it
expressly. It is, however, understood that no waiving of immunity shall extend
in any measure of execution.
Article 3 —The premises occupied by the
Organization of the Islamic Conference shall be inviolable. Its property and
assets wherever located shall be immune from search, requisition, confiscation,
expropriation and any other form of interference, by executive action.
Article 4.—The archieves of the organization of the
Islamic Conference and in general, all documents belonging to it, or held by
it, shall be inviolable.
Article 5.—The organization may,
(1) Hold funds, gold or
currency of any kind and operate accounts in any currency according to laws and
regulations in force in Member States.
(2) Be free to transfer its
funds, gold or currency from one country to another, or within the country
itself and to convert it to any currency according to the laws in force. The
Organization may not, in contravention of any regulations prevailing, transfer
any amount of funds subjected to special restrictions, from one State, in
excess of any amount it has brought into that State.
Article 6.—In exercising its rights under Article 5
above, the Organization of the Islamic Conference shall pay due regard to any
representations made by Member States, in so far as is considered that effect
can be given to such representations, without detriment to the interest of the
Organization and Member States.
Article 7.—The Organization of the Islamic Conference,
its movable or immovable property and its assets shall be:---
(a) Exempt from all direct taxes, except for
those which are no more than charges for public utility services.
(b) Exempt from custom duties, prohibitions
and restrictions on imports and exports in respect of articles imported or
exported by the Organization, for its official use. Such articles, imported
under such exemption, will not be sold in the country in which they were
imported, except with the consent of the Government concerned.
(b) Exempt from custom imports and exports in respect of its
publications.
CHAPTER III
FACILITIES IN RESPECT OF COMMUNICATIONS
Article 8.—The Organization of the Islamic
Conference shall enjoy, in the territory of each Member States, for its
official communications, treatment not less favourable than that accorded by
that State to the communications of any other Member State, including its
diplomatic mission, in the matter of priorities and rates, taxes on mails,
cables, telegrams, radiograms, telephone and other communications and press
rates for information to the press and radio. No censorship shall be applied to
such official correspondence and other official communications.
Article 9.—The Organization of the Islamic
Conference may use codes and despatch its correspondence by couriers or bags,
which shall have the same immunities and privileges as diplomatic couriers and
bags.
CHAPTER IV
THE REPRESENTATIVES OF MEMBER STATES
Article 10.—Representatives of Member States to the
Principal and subsidiary organs and conferences convened by the organization,
shall while exercising their functions and during the journey to and from the
place of the meeting, enjoy the following immunities and privileges:---
(a) Immunity from personal arrest or detention
and from seizure of their personal baggage.
(b) Immunity from legal process of any kind in
respect of words spoken or written and acts done by them in their capacity as
representatives.
(c) Inviolability for all papers and documents.
(d) The right to use codes and to receive papers or correspondence
by courier or in sealed bags.
(e) Exemption in respect of themselves and
their spouses from immigration restrictions, aliens registration or national
service obligations in the State they are visiting, or through which they are
passing, in the exercise of their functions.
(f) The facilities accorded to the
representatives of Foreign States, delegated on temporary official missions in
respect of laws relevant to currency and exchange.
(g) The same immunities and facilities, in
respect of their personal baggage, as accorded to diplomatic envoys.
(h) Such other immunities and facilities, not
inconsistent with the foregoing as diplomatic envoys, except that they shall
have no right to claim exemptions from custom and excise duties on articles
imported other than their personal baggage.
Article 11.—Representatives of Member States in the
Principal and subsidiary organs of the Organisation of the Islamic Conference
and in conferences convened by the Organization, shall enjoy immunity from
legal process in respect of words spoken or written, in discharging their
duties as representatives of their States in the organs of the Organization of
the Islamic Conference notwithstanding that the persons concerned are no longer
the representatives of Member States.
Article 12.—Periods spent by the representatives of
Member States to the Principal and Subsidiary organs of the Organization of the
Islamic Conference and to conferences convened by it, in one of the
territories of a Member State shall not be considered as periods of residence
for the assessment of a tax, if the imposition of such a tax is consequent upon
such period of residence.
Article 13.—Immunities and privileges are accorded
to the representatives of Member States, not for their personal benefits, but
in order to safeguard the independent exercise of their functions in connection
with the Organization.
Consequently, Member States
are under a duty to waive the immunity of its representatives in any case where
that immunity would impede the course of justice and if it can be waived
without prejudice to the purpose for which the immunity is accorded.
Article 14.—The provisions of Articles 10, 11 and 12
are not applicable as between a representative and the authorities of the State
of which he is a national, or the approval of the State concerned.
Article 15.—The expression “representative” in this
chapter shall be deemed to include all delegates of Members States, their
deputies, advisers and technical experts and secretaries of delegations.
Article 16.—
Article 17.—The Secretary General shall notify
Member States of the Organization, as well as their permanent delegates and
members of permanent committees.
CHAPTER V
OFFICIALS
Article 18—The Conference of the Organization of the
Islamic Conference shall specify the categories of officials to which the
provisions of Article 19 and the provisions of Chapter VII shall be applied, as
submitted to it by the Secretary General, who will communicate to Member States
periodically a list containing the names of such officials and their respective
functions.
Article 19.—(I) Officials of the General Secretariat
of the Organization of the Islamic Conference shall, regardless of their
nationality, enjoy the following immunities and privileges:---
(a) Immunity from legal process, in respect of words spoken or
written and all acts performed by them in their official capacity.
(b) Exemption from taxation on their salaries and emoluments
paid or to be paid to them by the organization.
(c) Furthermore, officials of the General Secretariat other than
the nationals of the host country, shall enjoy:---
(1) Together with their
spouses and relatives dependent on them, immunity from immigration
restrictions and aliens registration.
(2) Facilities as accorded
to diplomatic envoys of their ranks, accredited with the Government concerned,
in respect of the regulations-relevant to exchange.
(3) Facilities as accorded
to diplomatic envoys, in times of international crisis, as regards their
repatriation.
(4) The right to import, free
of duty, their furniture and effects, within a year from the time of first
taking up their posts in the country in question.
Article 20.—Further to the immunities and privileges
provided for by the two preceding articles, the Secretary General, Assistant
Secretary General and senior officials, together with their spouses and their
minor children, shall enjoy immunities and privileges, which are accorded, in
accordance with international law, to diplomatic envoys, each according to his
rank.
Article 21.—Immunities and privileges are accorded
to officials to safeguard the interests of the Organization and to enable it to
accomplish its aims. The Secretary General has the right and is under the duty
to waive the immunity of officials of the General Secretariat, not specified in
the foregoing article, in any case where, in his opinion, the immunity would
impede the administration of justice and can be waived without prejudice to the
interests of the Organization. As to officials provided for in that article,
the immunity is not to be waived except by approval of the Conference.
Article 22.—The Organization shall cooperate, at all
times, with the appropriate authorities of Member States, to ensure the proper
administration of justice, secure the observance of police regulations and
prevent the occurrence of any abuse, in connection with the immunities and
privileges mentioned in this chapter.
CHAPTER VI
EXPERTS
Article 23.___ Experts
(other than officials coming within the scope of Chapter V) performing missions
for the Organization of the Islamic Conference shall be accorded, in execution
of a resolution to be adopted by its Conference, such immunities and privileges,
necessary for the fulfilment of that mission, more specifically:---
(a) Immunity from personal arrest or detention
and from seizure of their personal baggage except in emergency cases as decided
by the concerned state upon consultation with the Secretary General.
(b) Immunity from legal process, even after termination of their
mission, in respect of words spoken or written and acts done by them in the
course of the performance of their mission.
(c) Inviolability for all papers and documents of the Organization.
(d) The same facilities in respect of currency of exchange
restrictions, as are accorded to representatives of foreign States on temporary
official missions according to the laws in force in the concerned country.
(e) The same immunities and facilities in respect of their
personal baggages as are accorded to diplomatic envoys.
(f) Immunity, together with their spouses and
minor children, from immigration restrictions and alien registration and the
obligation concerning national service.
Article 24.—Immunities and privileges are granted to
experts in the interest of the Organization. The Secretary General shall have
the right and the duty to waive the immunity in any case where, in his opinion,
the immunity would impede the course of justice and it can be waived without
prejudice to the interests of the Organization.
CHAPTER VII
LAISSEZ-PASSER
Article 25.—The General Secretariat of the
Organization of Islamic Conference may issue laissez-passers to its officials.
Those laissez-passers shall be recognised and accepted as valid travel
documents by Members States, taking into account the provisions of the two
succeeding articles.
Article 26.—Visas are accorded to holders of
laissez-passer at the request of the General Secretariat, in which it is stated
that they are officials, travelling on official business of the General
Secretariat.
Article 27.—The grant of visas shall be dealt with as
speedily as possible. In addition, such persons shall be granted facilities for
speedy travel. .
Article 28.—Similar facilities to those specified in
Article 27 shall be accorded to experts and officials who, though not holders
of Organization laissez-passer, have a certificate that they are travelling on
business for the Organization.
CHAPTER VIII
SETTLEMENT OF DISPUTES
Article 29.—The Organization of the Islamic
Conference shall establish an organ for settling:---
(a) Disputes arising out of contracts, or other disputes of a
private law character, to which the Organization is a party.
(b) Disputes involving any official of the Organization, who, by
reason of his official capacity, enjoys immunity, when immunity has not been
waived in his case.
FINAL PROVISIONS
Article 30.—Nothing under the provisions of this
Agreement shall affect the authority of a
Any State deeming necessary
the taking of such steps, shall hasten to contact the General Secretariat, as
circumstances will permit, in order to agree upon the measures warranting the
safeguarding of the interests of the Organization.
Article 31—The Immunity whenever provided in this
Convention either clearly or inclusively-means official immunity and not
personal.
Article 32—The Secretary General shall submit this
Convention to Member States of the Organization for accession thereto.
Article 33—This Convention shall become binding on
the respective State as from the date of the deposit of the instruments of
accession by that State with the General Secretariat. The Secretary General
shall inform all Member States of the Organization of the deposit of each
accession.
Article 34.—The accession of any
Article 35.—This Convention shall remain binding on
each acceding State, as long as it remains a
Article 36.—The Organization of the Islamic
Conference may conclude supplementary agreements for proper application of the
provisions of this Convention, within the territories of Member States.
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